Allowed

Mrs.D.Zeenath v. The Managing Director

Madras HC5 Apr 2017WP/7160/2017

Case brief

AI extract

What is this about?

The Single Judge, Madras High Court, admitted the petitioner's claim that unilateral disconnection was wrongful. The Court directed the fourth respondent to restore the sewerage connection only after the petitioner pays Rs. 3,00,000 as a compromise within four weeks.

What did the court decide?

Direction to the fourth respondent to restore the sewerage connection within two weeks after the petitioner pays Rs. 3,00,000 to them within four weeks from the date of the order.

Mrs.D.Zeenath Vs The Managing Director — Service and Employment | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.04.2017

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CORAM

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THE HONOURABLE MR.JUSTICE M.M.SUNDRESH

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W.P.No.7160 of 2017 and W.M.P.No.7777 of 2017

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D.Zeenath ...Petitioner

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Vs.

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1.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board,

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No.1, Pumping Stating Road, Chintadripet, Chennai – 600 002.

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2.The Assistant Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Area IX, Division 117, No.1, Dr.Renga Road, Chennai – 600 018.

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3.Senior Accounts Officer, Chennai Metropolitan Water Supply and Sewerage Board,

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Area IX, Division 117, No.1, Dr.Renga Road, Chennai – 600 018.

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4.The Area Engineer,

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Chennai Metropolitan Water Supply and Sewerage Board, Area IX, Division 117, No.1, Dr.Renga Road, Chennai – 600 018. ...Respondents

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Prayer: This writ petition filed under Article 226 of the Constitution of India, to issue a writ particularly in the nature of a writ of Mandamus, directing the 4^th respondent to restore the sewerage connection for the premises situated at No.576, Anna Salai, Teynampet, Chennai – 600 006.

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For Petitioner : Mr.R.Syed Mustafa

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For Respondents : Mr.Jothikumar

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https://hcservices.ecourts.gov.in/hcservices/

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ORDER

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The petitioner has come forward to file this writ petition seeking a direction to the 4^th respondent to restore the sewerage connection for the premises situated at No.576, Anna Salai, Teynampet, Chennai – 600 006.

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2.Learned counsel appearing for the petitioner would submit that unilaterally such a disconnection has taken place.

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3.On instructions, the learned counsel appearing for the respondents would submit that a sum of Rs.30,35,760/- is due to the Corporation of Chennai and out of which, Rs.8,09,296/- is meant for the fourth respondent. As the petitioner has not paid, the said disconnection has taken place.

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4.Learned counsel appearing for the petitioner by way of reply would submit that as against the demand made by the Corporation, a writ petition was filed and pursuant to the orders of this Court, an appeal made by the petitioner is pending disposal. He would also submit that the petitioner has also paid a sum of Rs.5,00,000/- without prejudice to the contention in favour of the Corporation of Chennai.

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5.Considering the above, this Court is of the view that it is fit and proper in the interest of justice to direct the fourth respondent to restore the disconnected sewerage connection to the petitioner's premises subject to the condition and without prejudice to the contention in the appeal that the petitioner pays a sum of Rs.3,00,000/- (Rupees Three Lakhs only) to the fourth respondent within a period of four weeks from the date of receipt of a copy of this order. On such payment being made, the fourth respondent will have to restore the sewerage connection within a period of two weeks thereafter.

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6.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/Assistant Registrar

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//True Copy//

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Sub Assistant Registrar

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cse

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https://hcservices.ecourts.gov.in/hcservices/

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1.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Stating Road, Chintadripet, Chennai – 600 002.

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2.The Area Engineer,
Chennai Metropolitan Water Supply and
Sewerage Board,
Area IX, Division 117, No.1, Dr.Renga Road,
Chennai – 600 018.
+1cc to Mr.Syed Mustafa, Advocate, S.R.No.20307
W.P.No.7160 of 2017
and W.M.P.No.7777 of 2017
SK(CO)
RS(12/04/2017)

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https://hcservices.ecourts.gov.in/hcservices/

Mrs.D.Zeenath v. The Managing Director

Case brief

What is this about?

What did the court decide?

Mrs.D.Zeenath v. The Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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Coram

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